Headlines 20/04/2019 15:10 CH

Decrees coming into force from the end of April, 2019

Thanh Trúc

THƯ VIỆN PHÁP LUẬT would like to introduce the following Decrees which are coming into force from the end of April, 2019 (April 21-30, 2019):

1. Compulsory registration of cage culture

This regulation is introduced in the Decree No. 26/2019/ND-CP providing guidelines for the Law on fisheries.

According to this Decree, any organizations or individuals wishing to engage in cage-based aquaculture must carry out procedures for registration of cage culture with Provincial-level regulatory authorities in charge of fisheries.

An application for registration of cage culture includes:

- The application form made using the Form No. 26.NT;

- One of the following documents:

+ Certificate of land use rights in case the land area used for cage culture is allocated or leased;

+ License to perform commercial fishing operations within protected areas of hydraulic structures or hydropower structures;

+ Decision on allocation of marine aquaculture waters;

+ Lease of land use rights or marine waters for aquaculture;

- Site plan of pond/cage with certification of the pond/cage’s owner.

Organizations and individuals that have been engaging in cage culture before the effective date of the Decree No. 26/2019/ND-CP are required to complete procedures for registration of cage culture within a maximum period of 12 months from the effective date of this Decree.

The Decree No. 26/2019/ND-CP is coming into force from April 25, 2019.

2. Authority of Commune-level People's Committees to process applications for domestic adoption registration

On March 05, 2019, the Government has promulgated the Decree No. 24/2019/ND-CP providing amendments to the Decree No. 19/2011/ND-CP on elaboration of the Law on child adoption.

The scope of authority to process applications for domestic adoption registration prescribed in the Decree No. 24/2019/ND-CP is wider than that prescribed in current regulations. To be specific:

- The People’s Committee of the Commune where either adopting or adopted person resides shall have the authority to process application for adoption registration in the following circumstances: 

+ That is a domestic adoption case;

+ A stepparent adopts his or her spouse's child; 

+ An uncle or aunt adopts his or her nephew or niece.

- According to current regulations, the authority to process applications for domestic adoption registration is provided for as follows:

+ A domestic adoption case shall be under the authority of the People’s Committee of the Commune where the adopted person permanently resides;

+ The case that a stepparent adopts his or her spouse's child or an uncle or aunt adopts his or her nephew or niece shall be under the authority of the People’s Committee of the Commune where the adopting person permanently resides.

The Decree No. 24/2019/ND-CP is coming into force from April 25, 2019.

3. Separation distances of a gas processing plant located in a civil area

This content is introduced in the Decree No. 25/2019/ND-CP providing amendments to the Decree No. 13/2011/ND-CP on safety of onshore oil and gas structures, and coming into force from April 22, 2019.

According to this Decree, separation distances of a gas processing/treatment plant located in a civil area are provided for as follows:

- The separation distance between that gas processing/treatment plant and a house or an independent auxiliary work (including garden or pond) of special class, class 1 and class 2 shall be 40m, 30m, and 1.25m respectively;

- The separation distance between that gas processing/treatment plant and a residential building with 04 storeys or more and/or where more than 10 families live of special class, class 1 and class 2 shall be 70m, 50m, and 40m respectively;

- The separation distance between that gas processing/treatment plant and a school, hospital, kindergarten, theatre, cinema, trade center, supermarket or market area of special class, class 1 and class 2 shall be 150m, 100m, and 1.75m respectively.

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